Biden's Cannabis Pardons Fuel Push for Law Reform in Australia and New Zealand

The Cannabis Observer ·
Biden's Cannabis Pardons Fuel Push for Law Reform in Australia and New Zealand

Joe Biden's move to pardon Americans convicted of cannabis possession has intensified pressure on Australia and New Zealand to loosen their own cannabis laws, with Victoria's Greens pushing hardest for change.

The party unveiled a proposal this week, ahead of the state's November election, that would allow Victorians aged 18 and over to legally purchase cannabis by 2024.

Selling cannabis to anyone under 18 would carry penalties, while adult sales would attract a 30% tax — broadly in line with the levy applied to alcohol.

The Greens said the policy was costed by the Parliamentary Budget Office and projected to generate more than A$1.2 billion over a decade.

Health and justice spokesman and Brunswick MP Tim Read said the policy would cut into the illicit market and reduce harm.

"Thousands of Victorians use cannabis each year, yet for 50 years we have been more at risk from the criminal justice system than the drugs," he said.

"If we're serious about tackling organised crime, taking their market away will do more than any amount of enforcement. We need a smarter approach to drugs, and decriminalisation… is the first step.

He said the policy acknowledged that "decades of prohibition" had failed and had fallen hardest on Aboriginal and young people.

"We need to be looking to use our police and prison resources more wisely, we can't afford to keep throwing good money after bad," he said.

The proposal also sets aside $10m for a government body to oversee production and sales, along with funding for education, prevention and awareness campaigns.

In the lead-up to May's federal election, the Greens had committed to legalising cannabis at the national level, and the party intends to introduce a private member's bill to that effect next year.

The Australian Lawyers Alliance (ALA) has also weighed in, describing the country's existing legal framework as "absurd" and out of step with public sentiment.

ALA criminal justice spokesperson Greg Barns

Criminal justice spokesperson Greg Barns said: "In Australia, we have an absurd and unfair situation where courts can't take into account the type of drug being used when making sentencing decisions – cannabis is equivalent to ice.

"It is treated in the same way as any other illicit drug and this approach is no longer in line with community behaviour or expectations.

"President Biden's decision reflects the reality, and highlights the harm being caused by a strict law-enforcement approach to deal with cannabis possession and use.

"The research in Australia shows that more and more people believe that using cannabis should not make you a criminal. 

"Laws are only worthwhile and effective if they are respected by the community. If a law is regularly flouted, this is a telling sign that it has lost its authority and should be repealed."

Across the Tasman, New Zealand Green Party MP and drug law reform spokesperson Chloë Swarbrick called on her government to take a similar path to Biden.

Chlöe_Swarbrick
NZ Green Party MP and drug law reform spokesperson Chlöe Swarbrick

She told Newshub Nation that the large number of New Zealanders carrying convictions for a drug that 80% of the population will have used before leaving their teens showed the law is "broken".

Swarbrick said the outcome of the 2020 cannabis referendum — which returned a no vote — did not stop the government from pursuing drug reform or the decriminalisation of cannabis.

She added: "What we need is a law that says 'this is the baseline approach that we're going to take to all cannabis offences, to all drug offences, and particularly to possession'. Because right now, who is benefiting from criminal prosecution of those with simple drug offences?" 

The New Zealand government, however, said it would not follow Biden's example, despite welcoming his decision.

Justice minister Kiri Allan said police have had discretion over how to handle cannabis possession since 2019, which has produced "a radical reduction" in convictions.

She maintained that the current framework is adequate and said the government would honour the referendum result.

In the UK, the government has announced it has "no plans" to alter cannabis laws following signals from right-wing home secretary Suella Braverman that she was "receptive" to upgrading it from a class B to a class A drug.

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